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Aggregate Resources Act

ontario REGULATION 244/97

GENERAL

Consolidation Period: From September 1, 2020 to the e-Laws currency date.

Last amendment: 466/20.

Legislative History: 535/97, 52/98, 489/99, 530/99, 195/00, 209/04, 499/06, 472/09, 371/15, 128/17, 269/17, 322/20, 466/20.

This is the English version of a bilingual regulation.

Definitions

0.1 (1) For the purposes of the definition of “aggregate” in subsection 1 (1) of the Act, rock is prescribed as a material except for metallic ores, andalusite, asbestos, barite, coal, diamond, graphite, gypsum, kaolin, kyanite, lepidolite, magnesite, mica, nepheline syenite, petalite, phosphate rock, salt, sillimanite, spodumene, talc or wollastonite. O. Reg. 466/20, s. 1.

(2) For the purposes of the Act, “below the water table” means,

(a)  in the case of a pit, at or less than 1.5 metres above the maximum level of the predicted ground water table; or

(b)  in the case of a quarry, at or less than two metres above the maximum level of the predicted ground water table. O. Reg. 466/20, s. 1.

(3) In this Regulation,

“sensitive receptor” means,

(a)  a school or child care centre, or

(b)  any residence or facility at which at least one person sleeps, including a long-term care home, hospital, trailer park or campground. O. Reg. 466/20, s. 1.

Note: On April 1, 2021, the Regulation is amended by adding the following sections: (See: O. Reg. 466/20, s. 2 (1))

Applications For Licences and Permits (Including Notification and Consultation Requirements)

0.2 (1) An applicant for a licence, aggregate permit or wayside permit shall prepare a site plan. O. Reg. 466/20, s. 2 (1).

(2) The site plan shall be prepared in accordance with the standards for how such a plan shall be prepared set out in “Aggregate Resources of Ontario: Site Plan Standards”, dated August 2020, published by the Ministry. O. Reg. 466/20, s. 2 (1).

(3) Every site plan accompanying an application for a Class A licence or an aggregate permit that would authorize the excavation or removal of more than 20,000 tonnes of aggregate or topsoil from the site annually shall be prepared under the direction of and where appropriate, certified by,

(a)  a professional engineer who is a member of the Association of Professional Engineers of Ontario;

(b)  a land surveyor who is a member of the Association of Ontario Land Surveyors;

(c)  a landscape architect who is a member of the Ontario Association of Landscape Architects;

(d)  a professional geoscientist who is registered with the Association of Professional Geoscientists of Ontario;

(e)  a registered professional planner who is a member of the Ontario Professional Planners Institute; or

(f)  any other person qualified for the purposes of this section and approved in writing by the Ministry. O. Reg. 466/20, s. 2 (1).

(4) An applicant for a licence, aggregate permit or wayside permit shall provide such technical reports and information as are required under “Aggregate Resources of Ontario: Technical Reports and Information Standards”, dated August 2020, published by the Ministry. O. Reg. 466/20, s. 2 (1).

(5) The technical reports and information shall be prepared in accordance with the standards for how such reports and information shall be prepared set out in “Aggregate Resources of Ontario: Technical Reports and Information Standards”. O. Reg. 466/20, s. 2 (1).

0.3 (1) Within 25 days after receiving any of the following, the Minister shall determine whether or not the application is complete and send a notice to the applicant of his or her determination:

1.  An application for a licence, aggregate permit or wayside permit.

2.  An application for an amendment of a licence or site plan under section 13.1 or 13.2 of the Act.

3.  An application for an amendment of an aggregate permit or site plan to lower the depth of extraction from above the water table to below the water table in that area. O. Reg. 466/20, s. 2 (1).

(2) An applicant for a licence or aggregate permit may proceed with the notification and consultation procedures set out in sections 0.4 and 0.5 after receiving notice from the Minister that their application is complete. O. Reg. 466/20, s. 2 (1).

(3) If an applicant for a wayside permit completed the notification and consultation procedures set out in sections 0.4 and 0.5 within 30 months before receiving notice from the Minister that their application is complete, the applicant is not required to complete the notification and consultation procedures again after receiving the notice. O. Reg. 466/20, s. 2 (1).

0.4 (1) An applicant for a licence or aggregate permit shall give notice of the application on the form titled “Public Notice of Application Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository by,

(a)  serving a copy of the notice by registered mail, courier or personal service on landowners within 120 metres of the boundary of the proposed pit or quarry;

(b)  publishing the notice,

(i)  in English in a newspaper having general circulation in the area of the proposed pit or quarry,

(ii)  if the proposed pit or quarry is in an area designated in the Schedule to the French Language Services Act, in French in a French language newspaper having general circulation in the area of the proposed pit or quarry, and

(iii)  if no newspaper is available having general circulation in the area, in an online news source that would give the public in the area reasonable notice of the application; and

(c)  posting the notice on a sign that is at least one metre by one metre in size at the boundary of the proposed pit or quarry so that it is clearly visible to the public. O. Reg. 466/20, s. 2 (1).

(2) Clause (1) (b) does not apply to an application for an aggregate permit if the proposed pit or quarry is in a remote location. O. Reg. 466/20, s. 2 (1).

(3) Clause (1) (c) does not apply to an application for an aggregate permit. O. Reg. 466/20, s. 2 (1).

(4) A notice of application under subsection (1) shall contain the following information:

1.  The applicant’s name and contact information.

2.  The location of the proposed pit or quarry.

3.  The type of approval being applied for.

4.  The nature of the proposed operation: whether the application is for a pit or quarry, and whether the excavation would be above or below the water table.

5.  The size of the proposed area to which the licence or permit would apply.

6.  The proposed maximum number of tonnes of aggregate to be removed from the site annually.

7.  The time and method for the public to review the application under clause 0.5 (2) (b), and the details of the public information session under subsection 0.5 (3). O. Reg. 466/20, s. 2 (1).

(5) An applicant for a wayside permit shall give notice of the application on the form titled “Public Notice of Application Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository, by registered mail, courier or personal service to landowners within 120 metres of the boundary of the proposed pit or quarry. O. Reg. 466/20, s. 2 (1).

(6) The notice of application under subsection (5) shall contain the following information:

1.  The applicant’s name and contact information.

2.  The location of the proposed pit or quarry.

3.  The nature of the proposed operation: whether the application is for a pit or quarry, and whether the excavation would be above or below the water table.

4.  The public authority project or projects that the aggregate would be used for.

5.  The type and quantity of aggregate required for the project or projects. O. Reg. 466/20, s. 2 (1).

(7) An applicant for a licence, aggregate permit or wayside permit shall send the application, including the site plan and all technical reports, to any ministry, department, board, commission, or agency of a provincial or federal government, any municipality, conservation authority, utility operator or holder of a sustainable forest licence and any other person who may be affected by the application and who is identified in “Aggregate Resources of Ontario: Circulation Standards” published by the Ministry. O. Reg. 466/20, s. 2 (1).

0.5 (1) The consultation period begins when an applicant has fulfilled all notification requirements set out in section 0.4. O. Reg. 466/20, s. 2 (1).

(2) An applicant shall ensure that,

(a)  the sign described in clause 0.4 (1) (c) is maintained for at least 60 days after the consultation period begins; and

(b)  the application, including the site plan and all technical reports, is available for the public to review for the duration of the consultation period. O. Reg. 466/20, s. 2 (1).

(3) An applicant for a licence or aggregate permit shall hold a public information session in person, by phone or electronically to provide information to the public and answer any question related to the application no sooner than 10 days and no later than 50 days after the consultation period begins. O. Reg. 466/20, s. 2 (1).

(4) Subsection (3) does not apply to an application for an aggregate permit if the proposed pit or quarry is in a remote location. O. Reg. 466/20, s. 2 (1).

(5) Any person or organization who wishes to comment on an application must submit his or her comment in writing to the applicant and the Ministry within 60 days after the consultation period begins for an application for a licence or aggregate permit, or within 20 days after the consultation period begins for an application for a wayside permit. O. Reg. 466/20, s. 2 (1).

(6) An applicant shall attempt to address any comment received under subsection (5). O. Reg. 466/20, s. 2 (1).

(7) If all comments have been addressed, the applicant shall submit to the Ministry the following information and documents:

1.  The name of the newspaper or online news source where the notice was published under clause 0.4 (1) (b).

2.  A list of all persons and organizations notified under clause 0.4 (1) (a) or subsection 0.4 (5) or (7).

3.  A summary of any comments submitted by a person or an organization.

4.  Written confirmation from any person or organization who submitted comments that their comments have been addressed.

5.  A summary of how comments have been addressed.

6.  If applicable, an amended site plan, or amended or supplemental information. O. Reg. 466/20, s. 2 (1).

(8) If there are any outstanding comments in respect of an application for an aggregate permit or wayside permit after the applicant’s attempt to address them under subsection (6), the applicant shall submit to the Ministry the following information and documents:

1.  The name of the newspaper or online news source where the notice was published under clause 0.4 (1) (b).

2.  A list of all persons and organizations notified under clause 0.4 (1) (a) or subsection 0.4 (5) or (7).

3.  A summary of any comments submitted by a person or an organization.

4.  Written confirmation from any person who submitted comments that their comments have been addressed.

5.  A summary of the applicant’s attempts to address the comments.

6.  A summary of outstanding comments for which written confirmation described in paragraph 4 is not provided.

7.  The applicant’s recommendation to address the outstanding comments.

8.  If applicable, an amended site plan, or amended or supplemental information. O. Reg. 466/20, s. 2 (1).

(9) If there are any outstanding comments in respect of an application for a licence after the applicant’s attempt to address them under subsection (6), the applicant shall include the following information on the form titled “Objection Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository, and shall serve the form on any person who submitted a comment under subsection (5) and has not withdrawn their comment, and send a copy to the Ministry:

1.  A summary of outstanding comments.

2.  A summary of the applicant’s attempts to address the comments.

3.  The applicant’s recommendation to address the outstanding comments. O. Reg. 466/20, s. 2 (1).

(10) The Objection Form shall be served by registered mail, courier or personal delivery or, if the recipient consents, by electronic mail. O. Reg. 466/20, s. 2 (1).

(11) Any person or organization who wishes to object to an application for a licence shall complete the Objection Form that they received under subsection (9), send it within 20 days of receiving it to the applicant by registered mail, courier or personal delivery, or by email if the applicant consents, and send a copy to the Ministry. O. Reg. 466/20, s. 2 (1).

(12) Any comment for an application for a licence for which an Objection Form is not completed and sent to the applicant in accordance with subsection (11) is considered withdrawn. O. Reg. 466/20, s. 2 (1).

(13) An applicant for a licence shall submit to the Ministry the following information and documents after objections are received under subsection (11):

1.  The name of the newspaper or online news source where the notice was published under clause 0.4 (1) (b).

2.  A list of all persons and organizations notified under clause 0.4 (1) (a) or subsection 0.4 (5) or (7).

3.  A summary of any objections submitted by a person or an organization under subsection (11).

4.  A summary of any additional comments that have been addressed after a person or an organization was served with the Objection Form under subsection (9).

5.  If applicable, an amended site plan, or amended or supplemental information. O. Reg. 466/20, s. 2 (1).

(14) If an applicant for a licence does not submit the required information under subsection (7) or (13) within two years after the consultation period begins, the application is deemed withdrawn. O. Reg. 466/20, s. 2 (1).

(15) If an applicant for an aggregate permit does not submit the required information under subsection (7) or (8) within six months of when the consultation period begins or any such period of time that the Minister permits, the application is deemed withdrawn. O. Reg. 466/20, s. 2 (1).

(16) Within 40 days after receiving the information and documentation submitted under subsection (7), (8) or (13), Ministry staff shall make a recommendation to the Minister to,

(a)  refer an application for a licence to the Local Planning Appeal Tribunal under subsection 11 (5) of the Act;

(b)  approve or refuse an application for a licence under subsection 11 (9) of the Act;

(c)  approve or refuse an application for a wayside permit; or

(d)  approve or refuse an application for an aggregate permit. O. Reg. 466/20, s. 2 (1).

0.6 (1) Subsections 0.2 (4) and (5) and sections 0.3, 0.4 and 0.5 do not apply to an application for an aggregate permit to excavate aggregate from land under water. O. Reg. 466/20, s. 2 (1).

(2) An applicant for an aggregate permit to excavate aggregate from land under water shall submit to the Minister a custom plan in accordance with section 35.1 of the Act. O. Reg. 466/20, s. 2 (1).

Applications for Amendments to Site Plans, Licences or Permits

0.7 (1) An applicant for an amendment of a licence, permit or site plan under section 13, 13.1, 13.2, 30.1 or 37.2 of the Act shall include the following information on the form titled “Amendment Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository:

1.  A description of the proposed amendment and the reasons for the amendment.

2.  A sketch or a draft amended site plan showing the proposed amendment. O. Reg. 466/20, s. 2 (1).

(2) If an application relates to a significant change to the operation or rehabilitation of the site, the applicant shall serve the form referred to in subsection (1) by registered mail, courier or personal service on any person identified by the Ministry. O. Reg. 466/20, s. 2 (1).

(3) A person notified under subsection (2) shall send any comment on the application to the applicant and the Ministry within 30 days after receiving the notification. O. Reg. 466/20, s. 2 (1).

(4) After the proposed amendment is approved, the licensee or permittee shall attach a schedule to the amended site plan that describes the amendment and sets out the date the amendment was approved by the Minister. O. Reg. 466/20, s. 2 (1).

0.8 (1) An applicant for an amendment of a licence, aggregate permit or site plan under sections 0.9 or 0.10 shall prepare a site plan and shall provide such technical reports and information as are required under “Aggregate Resources of Ontario: Amendment Standards”, dated August 2020, published by the Ministry. O. Reg. 466/20, s. 2 (1).

(2) The site plan, technical reports and information shall be prepared in accordance with the standards for how such documents shall be prepared set out in “Aggregate Resources of Ontario: Amendment Standards”. O. Reg. 466/20, s. 2 (1).

0.9 (1) An applicant for an amendment of a licence or site plan under section 13.1 of the Act or to amend an aggregate permit to lower the depth of extraction from above the water table to below the water table in that area shall follow the notification and consultation requirements set out in sections 0.3, 0.4 and 0.5, with necessary modifications. O. Reg. 466/20, s. 2 (1).

(2) Despite subsection (1), an applicant is not required to publish the notice in a newspaper or to post a sign in accordance with clauses 0.4 (1) (b) and (c), or hold a public information session in accordance with subsection 0.5 (3) if the existing licence, permit or site plan allows excavation below the water table in another area of the site. O. Reg. 466/20, s. 2 (1).

0.10 (1) An applicant for an amendment of a licence or site plan under section 13.2 of the Act shall follow the notification and consultation requirements for an application for a licence set out in sections 0.3, 0.4 and 0.5, with necessary modifications. O. Reg. 466/20, s. 2 (1).

(2) Despite subsection (1), an applicant for an amendment described in that subsection is not required to comply with subsection 0.5 (9), (10), (11), (12) or (13). O. Reg. 466/20, s. 2 (1).

0.11 (1) Upon written request from the applicant, the Municipal Property Assessment Corporation shall give to the applicant such landowners’ names and addresses as the applicant may require for the purposes of complying with the notification requirements in clause 0.4 (1) (a) and subsections 0.4 (5) and 0.7 (2), and may impose reasonable licensing terms and fees. O. Reg. 466/20, s. 2 (1).

(2) The applicant shall collect and use information provided by the Municipal Property Assessment Corporation under subsection (1) solely for the purposes of complying with the notification requirements under clause 0.4 (1) (a) and subsections 0.4 (5) and 0.7 (2). O. Reg. 466/20, s. 2 (1).

(3) The applicant shall take all reasonable steps to ensure that any personal information collected under the notification and consultation procedures is retained, transferred and disposed of in a secure manner so as to protect the information against theft or loss or unauthorized use or disclosure. O. Reg. 466/20, s. 2 (1).

(4) The applicant shall immediately dispose of any personal information collected under subsection (1) when the notification and consultation requirements in sections 0.4 and 0.5 are fulfilled. O. Reg. 466/20, s. 2 (1).

Conditions of Licence and permit

0.12 (1) The conditions set out in this section apply only to licences and permits that are issued on or after April 1, 2021. O. Reg. 466/20, s. 2 (1).

(2) A licence, aggregate permit or wayside permit is subject to the following conditions:

1.  The licensee or permittee shall apply water or another provincially approved dust suppressant to internal haul roads and processing areas, as necessary to mitigate dust, if the pit or quarry is located within 1,000 metres of a sensitive receptor.

2.  The licensee or permittee shall equip any processing equipment that creates dust with dust suppressing or collection devices if it is located within 300 metres of a sensitive receptor.

3.  The licensee or permittee shall obtain an environmental compliance approval under the Environmental Protection Act where required to carry out operations at the pit or quarry.

4.  The licensee or permittee shall obtain a permit to take water under the Ontario Water Resources Act where required to carry out operations at the pit or quarry. O. Reg. 466/20, s. 2 (1).

(3) A licence or aggregate permit is subject to the following conditions:

1.  The licensee or permittee shall ensure that fuel storage tanks are installed and maintained in accordance with the Technical Standards and Safety Act, 2000.

2.  The licensee or permittee shall ensure that a spill contingency plan is developed prior to any operation of the pit or quarry, and followed during the operations. O. Reg. 466/20, s. 2 (1).

(4) A Class B licence, wayside permit or aggregate permit is subject to the condition that the licensee or permittee must mitigate the amount of noise emitted at the source with appropriate noise attenuation devices and site design if there is a sensitive receptor situated,

(a)  within 500 metres of the boundary of the site in the case of a Class B licence or an aggregate permit; or

(b)  within 150 metres of the boundary of the site in the case of a wayside permit. O. Reg. 466/20, s. 2 (1).

(5) A licence, aggregate permit or wayside permit that authorizes blasting at the site is subject to the following conditions:

1.  No blasting shall occur on a holiday, or between 6 p.m. and 8 a.m., unless the permittee holds an aggregate permit and there is no sensitive receptor located within 2,000 metres of the area in which the blasting takes place.

2.  The licensee or permittee shall monitor all blasts for ground vibration and blast overpressure and prepare blast monitoring reports in accordance with provincial guidelines on limits on blast overpressure and ground vibration for blasting operations, unless the permittee holds an aggregate permit and there is no sensitive receptor located within 500 metres of the area in which the blasting takes place.

3.  The licensee or permittee shall retain the blast monitoring reports prepared under paragraph 2 for a period of seven years after each blast. O. Reg. 466/20, s. 2 (1).

(6) A licence is subject to the following condition:

1.  The licensee shall mitigate the amount of dust generated at the site of the pit or quarry to minimize any off-site impact. O. Reg. 466/20, s. 2 (1).

(7) An aggregate permit is subject to the following conditions:

1.  The holder of an aggregate permit shall mitigate the amount of dust generated at the site of the pit or quarry to minimize any off-site impact, unless there is no sensitive receptor within 1,000 metres of the boundary of the site of the aggregate permit.

2.  The holder of an aggregate permit shall obtain an approval under the Crown Forest Sustainability Act, 1994 where required to harvest any trees within the site of the pit or quarry. O. Reg. 466/20, s. 2 (1).

(8) A wayside permit is subject to the following condition:

1.  The holder of a wayside permit shall mitigate the amount of dust generated at the site of the pit or quarry to minimize any off-site impact, unless there is no sensitive receptor within 300 metres of the boundary of the site of the wayside permit. O. Reg. 466/20, s. 2 (1).

(9) A licence or aggregate permit is subject to the condition that the licensee or permittee shall track and report the quantity of recycled aggregate removed from the site each month in an annual production report. O. Reg. 466/20, s. 2 (1).

Control and Operation of Pit or Quarry

0.13 (1) Unless otherwise provided on a site plan, a licensee or permittee shall ensure that the pit or quarry is in compliance with the following rules:

1.  At each entrance to or exit from the site, a gate shall be erected and maintained. The gate shall not be composed of a single cable or chain.

2.  All gates shall be kept closed when the site is not in operation.

3.  Every entrance to or exit from the site shall provide a clear view of the highway in both directions for any vehicle exiting the site.

4.  Topsoil shall be stripped sequentially before excavation activities begin.

5.  All trees that are within five metres of the excavation face and within the area to be excavated shall be removed.

6.  All topsoil and overburden stripped from the site shall be stored separately.

7.  Adequate vegetation shall be established and maintained on all berms and stockpiles of topsoil or overburden to control erosion.

8.  The site shall be kept in an orderly condition.

9.  Excavation shall not occur within any setback or buffer area identified on the site plan, or within an area protected by the setback or buffer.

10.  Excavation shall not occur within,

i.  15 metres from any part of the boundary of the site other than a part of the boundary described in subparagraph ii,

ii.  30 metres from any part of the boundary of the site that abuts,

A.  the highway,

B.  land that is used for residential purposes at the time the licence or permit is issued, or

C.  land that is restricted to residential use by a zoning by-law in place when the licence or permit is issued, or

iii.  30 metres from any body of water that is not the result of excavation below the water table.

11.  Except for material in a berm, no aggregate or overburden may be moved from the setback areas identified in paragraphs 9 and 10.

12.  All excavation faces shall be stabilized to prevent erosion into the setback areas identified in paragraphs 9 and 10.

13.  A stockpile of aggregate, topsoil or overburden, a processing plant or area or a building or structure shall not be located within,

i.  30 metres from any part of the boundary of the site other than a part of the boundary described in subparagraph ii,

ii.  90 metres from any part of the boundary of the site that abuts,

A.  land that is used for residential purposes at the time the licence or permit is issued, or

B.  land that is restricted to residential use by a zoning by-law in place when the licence or permit is issued.

14.  Despite paragraph 13, a berm intended to screen adjoining lands from the operation of the site may be located within the areas identified in subparagraphs 13 i and ii.

15.  With respect to licences issued under section 71 of the Act, paragraph 13 does not apply with respect to any stockpile, processing plant, building or structure the location of which was in accordance with the laws and by-laws in force before May 1, 1997, except in so far as that section applies to the extension of any building or structure.

16.  All berms shall be located at least three metres away from the boundary of the site.

17.  No topsoil shall be removed from the site.

18.  All topsoil and overburden stripped for the purpose of operating the site shall be used in the rehabilitation of the site.

19.  The final rehabilitation of a site shall ensure that,

i.  all excavation faces of a pit have a slope that is at least three horizontal metres for every vertical metre, and

ii.  all excavation faces of a quarry have a slope that is at least two horizontal metres for every vertical metre.

20.  With respect to licences issued under section 71 of the Act, paragraph 19 does not apply with respect to any excavation face that was rehabilitated to a state which satisfied the requirements of the laws and by-laws in force at the time for the final rehabilitation of that excavation face.

21.  During rehabilitation, adequate vegetation shall be established and maintained to control erosion of any topsoil or overburden replaced on the site.

22.  Rehabilitation of a pit or quarry shall ensure that there is adequate drainage and vegetation at the site and that any compaction of the site is alleviated.

23.  No blasting shall occur on a holiday or between 6 p.m. and 8 a.m.

24.  Scrap may only be stored on site on a temporary basis and shall be removed from the site on an ongoing basis.

25.  A scrap storage area shall not be located within 30 metres of a body of water or of the boundary of the site. O. Reg. 466/20, s. 2 (1).

Note: On January 1, 2022, subsection 0.13 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 466/20, s. 2 (2))

26.  Only scrap generated directly as a result of the aggregate operation may be stored on the site.

27.  All fluid shall be drained from any discarded equipment, machinery or motor vehicle prior to storage and disposed of in accordance with the Environmental Protection Act.

28.  A licensee or permittee shall take all reasonable measures to prevent fly rock from leaving the site during blasting if a sensitive receptor is located within 500 metres of the boundary of the site.

29.  Recyclable asphalt shall not be stored within 30 metres of a body of water or within two metres of the groundwater table.

30.  Recyclable asphalt and recyclable concrete shall not be stored on a site where the site plan does not permit processing of materials.

31.  Rebar or other structural metal shall be separated from recyclable aggregate material during processing.

32.  Recycling activities on the site shall not interfere with the operational phases of the site or with the rehabilitation of the site.

(2) For the purpose of this section, “scrap” includes refuse, debris, scrap metal, lumber, and discarded machinery, equipment and motor vehicles. O. Reg. 466/20, s. 2 (1).

(3) Unless otherwise provided on a site plan, a licensee shall ensure that,

(a)  a fence of at least 1.2 metres in height is erected and maintained along the boundary of the site; and

(b)  a sign of at least 0.5 metres by 0.5 metres in size is erected and maintained at the main entrance to and exit from the site that says in legible words “This site is licensed under the Aggregate Resources Act licence #”. O. Reg. 466/20, s. 2 (1).

(4) Unless otherwise provided on a site plan, the holder of an aggregate permit shall visibly demarcate and maintain the boundary of the site. O. Reg. 466/20, s. 2 (1).

Note: On January 1, 2022, subsection 0.13 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 466/20, s. 2 (3))

(4) Unless otherwise provided on a site plan, the holder of an aggregate permit shall visibly demarcate and maintain the boundary of the site and prohibit unauthorized entry in accordance with the Trespass to Property Act. O. Reg. 466/20, s. 2 (3).

(5) Despite any restrictions to the hours of operation on a site plan, a person may operate a pit or quarry at any time to respond to an emergency. O. Reg. 466/20, s. 2 (1).

1. Every licensee and every holder of an aggregate permit shall file with the Aggregate Resources Trust, on or before January 31, an annual production report setting out the quantity of aggregate removed from a site in each month of the previous year.  O. Reg. 244/97, s. 1.

Note: On April 1, 2021, section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 466/20, s. 3)

Reports

1. (1) Every licensee and every holder of an aggregate permit shall file with the Trust, on or before January 31, an annual production report setting out the quantity and type of aggregate removed from a site in each month of the previous year. O. Reg. 466/20, s. 3.

(2) A licensee or holder of an aggregate permit shall include the quantity of recycled aggregate removed from a site each month in an annual production report filed under subsection (1) if it is a condition of the licence or aggregate permit or a requirement of the site plan that the licensee or permittee report on or track the amount of recycled aggregate removed from the site. O. Reg. 466/20, s. 3.

1.1 (1) The annual compliance reports that are required to be submitted under sections 15.1 and 40.1 of the Act shall be submitted on or before September 30 of each year on the form titled “Compliance Assessment Report”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository. O. Reg. 466/20, s. 3.

(2) A licensee or holder of an aggregate permit shall send a copy of the annual compliance report to the local municipality in which the pit or quarry is located and to any applicable upper-tier municipality. O. Reg. 466/20, s. 3.

(3) A licensee or holder of an aggregate permit shall conduct an assessment of the conditions of the site between April 1 and September 15 of the year in question for the purpose of completing the annual compliance report. O. Reg. 466/20, s. 3.

(4) An annual compliance report shall accurately reflect the conditions of the site at the time of the assessment and shall include,

(a)  a description of any contravention of the Act, the regulations, the site plan or the conditions of the licence or aggregate permit and a sketch showing the area of the pit or quarry affected by the contravention; and

(b)  the status of excavation and progressive rehabilitation in the previous year or during the lifetime of the pit or quarry. O. Reg. 466/20, s. 3.

1.2 Before the expiry of a wayside permit, the holder of the wayside permit shall report to the Ministry and to the Trust the total amount of aggregate that was removed from the pit or quarry under the permit. O. Reg. 466/20, s. 3.

1.3 Upon request from the Minister, the holder of the wayside permit shall submit to the Ministry,

(a)  a report on the site conditions; and

(b)  a report describing how the site has been operated in accordance with the Act, the site plan or the conditions of the permit. O. Reg. 466/20, s. 3.

Fees and Royalties

2. (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. O. Reg. 269/17, s. 1 (3).

(2), (3) Revoked: O. Reg. 269/17, s. 1 (4).

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. O. Reg. 269/17, s. 2.

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). O. Reg. 269/17, s. 3.

(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. O. Reg. 269/17, s. 3.

(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. O. Reg. 269/17, s. 3.

(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. O. Reg. 269/17, s. 3.

(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. O. Reg. 269/17, s. 3.

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. O. Reg. 269/17, s. 4.

(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. O. Reg. 269/17, s. 4.

4. (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. O. Reg. 269/17, s. 5 (1).

(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. O. Reg. 269/17, s. 5 (2).

(2) A permittee or licensee is exempt from paying royalties with respect to aggregate or topsoil that is Crown property and that is supplied by the permittee or licensee for use in projects of the Province of Ontario if the purchase price of the aggregate or topsoil supplied does not include an amount on account of the royalties.  O. Reg. 244/97, s. 4 (2).

(3) A permittee or licensee is exempt from paying royalties with respect to aggregate that is Crown property and that is supplied by the permittee or licensee for use in the construction or maintenance of roads for forest management purposes on land owned by the Crown and open for public use if the purchase price of the aggregate supplied does not include an amount on account of the royalties.  O. Reg. 244/97, s. 4 (3); O. Reg. 269/17, s. 5 (3).

4.1 (1) The fees and royalties payable under this Regulation shall be adjusted annually in accordance with this section. O. Reg. 269/17, s. 6.

(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. O. Reg. 269/17, s. 6.

(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). O. Reg. 269/17, s. 6.

(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. O. Reg. 269/17, s. 6.

(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. O. Reg. 269/17, s. 6.

(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. O. Reg. 269/17, s. 6.

4.2 (1) The following application fee is payable under subsection 7 (4) of the Act by a person who applies for a licence:

1.  $1,000 for a Class A licence.

2.  $500 for a Class B licence. O. Reg. 466/20, s. 5.

(2) The following application fee is payable by a licensee who applies to amend a site plan under subsection 13 (3) of the Act or section 13.1 or 13.2 of the Act:

1.  $500 for a Class A licence.

2.  $200 for a Class B licence. O. Reg. 466/20, s. 5.

(3) Despite subsection (2), the application fee prescribed under that subsection is not payable in respect of an application to amend a site plan made under section 13 of the Act that does not relate to a significant change to the operation or rehabilitation of the site. O. Reg. 466/20, s. 5.

(4) The following application fee is payable under subsection 18 (2) of the Act by a person who applies to transfer a licence:

1.  $500 for a Class A licence.

2.  $300 for a Class B licence. O. Reg. 466/20, s. 5.

(5) An application fee of $500 is payable under subsection 34 (6.4) of the Act by a person who applies for an aggregate permit. O. Reg. 466/20, s. 5.

(6) An application fee of $300 is payable under subsection 41 (3) of the Act by a person who applies to transfer an aggregate permit. O. Reg. 466/20, s. 5.

4.3 The holder of a wayside permit, other than the Crown, shall pay a rehabilitation security payment upon issuance of the permit of 8 cents for every tonne of aggregate the permittee is authorized to remove. O. Reg. 466/20, s. 5.

Region-specific Rules and Designations of Parts of Ontario

5. (1) This section applies only within the Towns of Caledon and Halton Hills.  O. Reg. 244/97, s. 5 (1).

(2) If a wayside permit has been issued under the Act for a site then during,

(a)  the four-year period beginning on the day that permit was issued, no more than two additional wayside permits may be issued for the site; and

(b)  the ten-year period beginning four years after the day the permit was issued, no wayside permit may be issued for the site or any land adjoining the site.  O. Reg. 244/97, s. 5 (2).

(3) Despite clause (2) (a), a third additional wayside permit may be issued if the Minister consults with the municipality in which the site is located and provides the municipality with the reasons in writing for issuing the permit.  O. Reg. 244/97, s. 5 (3).

(4) A permit issued contrary to subsection (2) is invalid.  O. Reg. 244/97, s. 5 (4).

6. (1) The parts of Ontario set out in Schedule 1 that have been designated under the Pits and Quarries Control Act or a predecessor of it are designated under subsection 5 (2) of the Act.  O. Reg. 244/97, s. 6 (1); O. Reg. 466/20, s. 7.

(2) The parts of Ontario set out in Schedule 2 are designated under subsection 5 (2) of the Act.  O. Reg. 244/97, s. 6 (2).

(3) The parts of Ontario set out in Schedule 3 are designated under subsection 5 (2) of the Act.  O. Reg. 209/04, s. 1.

(4) The parts of Ontario set out in Schedule 4 are designated under subsection 5 (2) of the Act.  O. Reg. 499/06, s. 3.

7. Applications for licences, aggregate permits or wayside permits and the operation of pits and quarries shall be in accordance with “Aggregate Resources of Ontario:  Provincial Standards, Version 1.0” published by the Ministry of Natural Resources.  O. Reg. 244/97, s. 7.

Note: On April 1, 2021, section 7 of the Regulation is revoked. (See: O. Reg. 466/20, s. 8)

7.1 Revoked: O. Reg. 466/20, s. 9.

Amendments to Site Plans without Minister Approval under Subsections 13 (3.2) and 37.2 (5) of Act

7.2 (1) For the purposes of subsections 13 (3.2) and 37.2 (5) of the Act and subject to subsections (2) and (3), the following amendments to a site plan are prescribed as the amendments that the licensee or holder of an aggregate permit may make to a site plan without the approval of the Minister:

1.  An amendment to a site plan to update the name and contact information of the licensee or permittee following a transfer of the licence under section 18 of the Act or a transfer of the permit under section 41 of the Act.

2.  An amendment to a site plan to change the type of fencing.

3.  An amendment to a site plan to add any of the following to an area of the site other than an area within a setback or buffer or within an area protected by the setback or buffer:

i.  In the case of a licence, a temporary building or structure that is required for a purpose incidental to the operation of the pit or quarry and that will be removed prior to the surrender of the licence.

ii.  A scrap storage area that is no larger than 300 square metres, except if a scrap storage area already exists on the site.

iii.  A stockpile of aggregate, topsoil, overburden or recycled material.

iv.  An internal haul road located entirely within the licence or permit boundary and outside of the setback area identified in paragraph 13 of subsection 0.13 (1), except an internal haul road that would create a new entrance or exit to the site.

4.  If a site plan shows any of the following as being located in an area of the site that is not within a setback or buffer or within an area protected by the setback or buffer, an amendment to the site plan to remove it from the site or to move it to another location on the site that is also not within a setback or buffer or within an area protected by the setback or buffer:

i.  In the case of a licence, a temporary building or structure that is required for a purpose incidental to the operation of a pit or quarry.

ii.  A scrap storage area.

iii.  A stockpile of aggregate, topsoil, overburden or recycled material, except a stockpile that is required to remain at its existing location for the purpose of screening adjoining lands from the operation of the site.

iv.  An internal haul road, except a relocation of an internal haul road that would create a new entrance or exit to the site.

5.  An amendment to a site plan to add a provision that would allow aggregates from outside the site to be imported onto the site if the following rules are respected by the operator and are added to the site plan by the licensee or permittee:

i.  All imported aggregate shall be used solely for the purpose of blending with onsite material for resale.

ii.  The quantity of imported aggregate removed from the site each year shall be tracked and reported on the return made under section 14.1 of the Act or subsection 46 (2) of the Act.

iii.  The quantity of imported aggregate removed from the site each year shall count toward the total amount of aggregate that the licensee or permittee is entitled to remove from the site under the licence or permit. O. Reg. 466/20, s. 10.

(2) An amendment described under subsection (1) shall not be made by a licensee or permittee if the amendment,

(a)  would conflict with the Act, the regulations, any other Act or regulation or any licence, permit or approval issued under the Act, the regulations or any other Act or regulation;

(b)  would conflict with any condition of the licence or permit;

(c)  would affect any provision or restriction on the site plan that was added to the site plan,

(i)  to address comments submitted during the licence or permit application process, or

(ii)  by an amendment required by the Minister under clause 13 (1) (b) or 37.2 (1) (b) of the Act;

(d)  would affect the approved progressive or final rehabilitation of the site; or

(e)  in the case of a pit or quarry that is located within an area of development control under the Niagara Escarpment Planning and Development Act, has not been approved by a development permit or exempted from a development permit under that Act. O. Reg. 466/20, s. 10.

(3) If a licensee or permittee amends a site plan to add to the site or relocate on the site a building, structure, scrap storage area, stockpile or internal haul road described in paragraph 3 or 4 of subsection (1), the licensee or permittee shall also add a provision to the site plan indicating that the location of the building, structure, scrap storage area, stockpile or internal haul road is restricted to an area of the site that is not within a setback or buffer or within an area protected by the setback or buffer. O. Reg. 466/20, s. 10.

(4) For greater certainty, an amendment made under paragraphs 3 and 4 of subsection (1) does not authorize the importation of topsoil or recycled material. O. Reg. 466/20, s. 10.

7.3 A licensee or the holder of an aggregate permit may not make an amendment to a site plan described in section 7.2 if the licensee or permittee has failed to,

(a)  pay an annual licence fee, annual permit fee or a royalty prescribed under section 2, 2.2 or 4;

(b)  submit an annual production report to the Trust in accordance with section 1; or

(c)  submit an annual compliance report as required under subsection 15.1 (1) or 40.1 (1) of the Act in any of the previous five years. O. Reg. 466/20, s. 10.

7.4 (1) A licensee or holder of an aggregate permit who wishes to make an amendment to a site plan described under section 7.2 shall submit to the Minister the amended site plan or the amended pages of the site plan, together with,

(a)  the form titled “Amendment Without Approval Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository and that includes a description of the amendment and the reasons for the amendment; and

(b)  a schedule to be attached to the site plan that describes the amendment and sets out the date the amendment is submitted to the Ministry. O. Reg. 466/20, s. 10.

(2) After the licensee or permittee receives confirmation from the Minister that he or she has received the amended site plan, the licensee or permittee shall send a revised copy of the site plan incorporating the amendment to,

(a)  the local municipality in which the pit or quarry is located and to any applicable upper-tier municipality; and

(b)  if the pit or quarry is located within an area of development control under the Niagara Escarpment Planning and Development Act, the Niagara Escarpment Commission. O. Reg. 466/20, s. 10.

7.5 A licensee or holder of an aggregate permit who submits an amendment to a site plan described in section 7.2 to the Minister shall not carry out any of the changes to the site that are described in the amendment until the licensee or permittee has received confirmation from the Ministry that it has received the amended site plan. O. Reg. 466/20, s. 10.

7.6 (1) A licensee or holder of an aggregate permit who submits an amendment to a site plan described in section 7.2 to the Minister shall keep a record of the amendment in accordance with subsection 62 (1) of the Act, and shall include in the record evidence that all of the requirements of this Regulation relating to the amendment have been met. O. Reg. 466/20, s. 10.

(2) The record referred to in subsection (1) shall be kept for a period of seven years after the day of the submission of the amendment to the Minister. O. Reg. 466/20, s. 10.

Exceptions to subsections 7 (1.1) and 34 (1.1) of the Act

7.7 For the purposes of subsections 7 (1.1) and 34 (1.1) of the Act, a person may operate a pit or quarry without a licence or aggregate permit if,

(a)  the person is a public authority or would operate on behalf of a public authority;

(b)  the pit or quarry is located entirely within the limits of a right of way of a highway; and

(c)  all excavation is carried out for the purpose of road construction or road maintenance. O. Reg. 466/20, s. 10.

7.8 (1) For the purposes of subsection 7 (1.1) of the Act, a person who meets the qualifications set out in subsection (2) may operate a pit described in subsections (3) and (4) in accordance with the terms and conditions set out in subsections (5) to (10). O. Reg. 466/20, s. 10.

(2) A person may operate a pit under this section if the person is,

(a)  an individual who is the registered owner of the land on which the pit is located and is operating the pit to produce aggregate exclusively for his or her own use; or

(b)  a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that,

(i)  is the registered owner of the land on which the pit is located, or

(ii)  has the express written consent of the registered owner of the land to operate the pit. O. Reg. 466/20, s. 10.

(3) No part of a pit operated under this section shall be located,

(a)  within a Wellhead Protection Area-A or Wellhead Protection Area-B identified in accordance with the rules made under section 107 of the Clean Water Act, 2006;

(b)  in an area in which development is prohibited or regulated by a regulation under the Conservation Authorities Act, unless written approval is obtained from the conservation authority prohibiting or regulating development in the area;

(c)  on a property or a site upon which another pit is currently registered or on a site upon which another pit has previously been registered with the Minister in accordance with subsection (5);

(d)  within 15 metres of any plugged well or 30 metres of any unplugged well that is subject to the Oil, Gas and Salt Resources Act;

(e)  within 30 metres of,

(i)  any boundary of the property on which the pit is located,

(ii)  any lake, pond, river, stream or spring, or

(iii)  any septic system or water well; or

(f)  within 90 metres of,

(i)  any boundary of the property which abuts land that is zoned to allow for residential use, or

(ii)  any sensitive receptor. O. Reg. 466/20, s. 10.

(4) In the case of a pit operated by a farming business under this section, the property on which the pit is located must be used for farm purposes while the pit is in operation. O. Reg. 466/20, s. 10.

(5) A person described in subsection (2) who wishes to operate a pit under this section shall, before beginning operations, register the pit with the Minister on the form titled “Registration of Activities under the Aggregate Resources Act Form”, dated August 2020, that is available on the website of the Government of Ontario Central Forms Repository, and send a copy of the registration to,

(a)  the clerk of the local municipality in which the pit is located; and

(b)  if the pit is also located within an upper-tier municipality, the clerk of that municipality. O. Reg. 466/20, s. 10.

(6) The operator of a pit under this section shall operate the pit for no more than three years after the date the pit is registered with the Minister under subsection (5). O. Reg. 466/20, s. 10.

(7) The individual or farming business that operates a pit under this section shall ensure that the pit is operated in accordance with the following rules:

1.  No blasting, crushing, screening or washing of aggregate shall be carried out on the site.

2.  The total amount of aggregate excavated at the pit shall not exceed the following amount during the time the pit is being operated:

i.  300 cubic metres, in the case of a pit operated by an individual, and

ii.  3,000 cubic metres, in the case of a pit operated by a farming business.

3.  In the case of a pit operated by an individual, the surface area excavated for the pit shall be no more than 0.5 hectares.

4.  The working face of the pit shall,

i.  be sloped at the angle of repose, or

ii.  have a vertical height of no more than 1.5 metres above the maximum reach of any equipment used as part of the excavation.

5.  No aggregate excavated at the pit shall be,

i.  removed from the property on which the pit is located unless it is moved to,

A.  in the case of a pit operated by an individual, another property owned by the same individual and that is an adjoining property or is separated from the property on which it is currently located only by a highway, or

B.  in the case of a pit operated by a farming business, another property owned or leased by the same farming business, or

ii.  sold or traded to a third party by the operator or on the operator’s behalf.

6.  No sediment resulting from the excavation of the pit shall be permitted to enter a lake, pond, river, stream, spring or wetland.

7.  All excavations shall remain above the groundwater table.

8.  Despite paragraph 7, if any excavation reaches the groundwater table, the following rules apply:

i.  All excavation must immediately stop.

ii.  The pit must be filled with material previously excavated from the pit to at least 1.5 metres above the groundwater table.

iii.  All further excavations must occur at least 1.5 metres above the groundwater table. O. Reg. 466/20, s. 10.

(8) Within four years after the date the pit is registered under subsection (5), the operator of the pit shall ensure that the site of the pit is rehabilitated in accordance with one of the following criteria:

1.  The site of the pit is restored to the land use which occurred on the site immediately prior to the operation of the pit.

2.  All excavation faces are sloped to three horizontal metres for every vertical metre or flatter, and vegetation is established at the site. O. Reg. 466/20, s. 10.

(9) The operator of the pit shall keep the following records during the operation of the pit and for a period of seven years after the date on which rehabilitation of the pit is completed under subsection (8):

1.  Copies of all the materials that were registered with the Minister under subsection (5).

2.  Documentation demonstrating that all of the requirements of this section have been satisfied.

3.  Detailed records of the quantity and type of material removed from the pit. O. Reg. 466/20, s. 10.

(10) The operator of the pit shall ensure that the records referred to in subsection (9) are produced for an inspector upon request. O. Reg. 466/20, s. 10.

(11) For greater certainty, for the purposes of section 66 of the Act, this section does not deal with the same subject matter as a municipal by-law respecting any aspect of the operation of the pit. O. Reg. 466/20, s. 10.

8. For the purposes of subsection 34 (7) of the Act, subsection 34 (1) of the Act does not apply to a person operating a pit as part of a forest operation on land that is part of a management unit designated under the Crown Forest Sustainability Act, 1994 if the person operates the pit,

(a)  on behalf of the Crown or under the authority of a forest resource licence issued under the Crown Forest Sustainability Act, 1994; and

(b)  in accordance with a forest management plan approved under the Crown Forest Sustainability Act, 1994. O. Reg. 322/20, s. 1.

Note: On April 1, 2021, the Regulation is amended by adding the following sections: (See: O. Reg. 466/20, s. 11)

Miscellaneous

9. The site plan on record in the Ministry office as the site plan most recently approved by the Minister or submitted to the Minister under subsection 13 (3.2) or 37.2 (5) of the Act shall prevail over any conflicting site plan. O. Reg. 466/20, s. 11.

10. For an aggregate permit issued on or after April 1, 2021 to excavate from land under water, the holder of the permit shall keep a daily record of the following:

1.  The date and time of excavation.

2.  The direction of prevailing winds and currents at the time of excavation.

3.  The location of the dredging equipment during excavation and depth of water at the site of excavation.

4.  The tonnage excavated.

5.  The turbidity and current measurement.

6.  The signature of the site operator. O. Reg. 466/20, s. 11.

11. (1) For the purposes of section 62.1 of the Act, notice of a change of contact information shall be given in writing to the Ministry and the Trust. O. Reg. 466/20, s. 12.

(2) An email address that a licensee or permittee has provided to the Ministry is prescribed as contact information for the purposes of section 62.1 of the Act. O. Reg. 466/20, s. 12.

Note: On April 1, 2021, the Regulation is amended by adding the following section: (See: O. Reg. 466/20, s. 13)

12. (1) If service of a document referred to in this Regulation is made by registered mail or courier, notice is deemed to be made on the fifth day after the notice is mailed or received by a courier for delivery. O. Reg. 466/20, s. 13.

(2) If service of a document is made by electronic mail, notice is deemed to be made on the day after the electronic mail is sent. O. Reg. 466/20, s. 13.

Schedule 1

1. Those parts of the Territorial District of Algoma consisting of,

(a)  the City of Sault Ste. Marie; and

(b)  the Township of Prince.

2. All of the County of Brant.

3. All of the County of Bruce.

4. All of the County of Dufferin.

5. All of The Regional Municipality of Durham.

6. All of the County of Elgin.

7. All of the County of Essex.

8. Those parts of the County of Frontenac consisting of,

(a)  the City of Kingston; and

(b)  the Townships of Kingston, Pittsburgh and Storrington.

9. All of the County of Grey.

10. All of The Regional Municipality of Haldimand-Norfolk.

11. All of The Regional Municipality of Halton.

12. All of The Regional Municipality of Hamilton-Wentworth.

13. Those parts of the County of Hastings consisting of,

(a)  the City of Belleville;

(b)  the Separated Town of Trenton;

(c)  the Town of Deseronto;

(d)  the villages of Deloro, Frankford, Madoc, Marmora, Stirling and Tweed; and

(e)  the townships of Elzevir and Grimsthorpe, Hungerford, Huntingdon, Madoc, Marmora and Lake, Rawdon, Sidney, Thurlow, Tudor and Tyendinaga.

14. All of the County of Huron.

15. All of the County of Kent.

16. All of the County of Lambton.

17. All of the County of Lanark.

18. The United Counties of Leeds and Grenville.

19. Those parts of the Territorial District of Manitoulin consisting of,

(a)  Great LaCloche Island; and

(b)  Little LaCloche Island.

20. All of The Municipality of Metropolitan Toronto.

21. All of the County of Middlesex.

22. All of The Regional Municipality of Niagara.

23. All of the County of Northumberland.

24. All of The Regional Municipality of Ottawa-Carleton.

25. All of the County of Oxford.

26. All of The Regional Municipality of Peel.

27. All of the County of Perth.

28. Those parts of the County of Peterborough consisting of,

(a)  the City of Peterborough;

(b)  the villages of Havelock, Lakefield, Millbrook and Norwood; and

(c)  the Townships of Asphodel, Belmont, Cavan, Douro, Dummer, Ennismore, Harvey, North Monaghan, Otonabee, Smith and South Monaghan.

29. The United Counties of Prescott and Russell.

30. All of the County of Prince Edward.

31. All of the County of Simcoe.

32. The United Counties of Stormont, Dundas and Glengarry.

33. All of The Regional Municipality of Sudbury.

34. Those parts of the Territorial District of Sudbury consisting of the geographic townships of Dill, Dryden and Trill.

35. All of the County of Victoria, except the townships of Dalton, Laxton, Digby and Longford and Somerville.

36. All of the County of Wellington.

37. All of The Regional Municipality of Waterloo.

38. All of The Regional Municipality of York.

O. Reg. 244/97, Sched. 1.

Schedule 2

1. Those parts of the County of Frontenac consisting of the townships of Bedford, Howe Island, Loughborough, Portland and Wolfe Island.

2. Those parts of the County of Lennox and Addington consisting of,

(a)  the Town of Napanee;

(b)  the villages of Bath and Newburgh; and

(c)  the townships of Adolphustown, Amherst Island, Camden East, Ernestown, North Fredericksburgh, Richmond and South Fredericksburgh.

3. Those parts of the County of Renfrew consisting of,

(a)  the City of Pembroke;

(b)  the towns of Arnprior and Renfrew;

(c)  the villages of Beachburg, Braeside, Cobden and Petawawa; and

(d)  the Township of Alice and Fraser, the Township of Bagot and Blythfield, and the townships of Admaston, Bromley, Horton, McNab, Pembroke, Petawawa, Ross, Stafford and Westmeath.

4. Those parts of the County of Victoria consisting of the Township of Laxton, Digby and Longford and the townships of Dalton and Somerville.

5. Those parts of the Territorial District of Algoma consisting of,

(a)  the village of Hilton Beach;

(b)  the townships of Hilton, Jocelyn, Johnson, Laird, Macdonald, Meredith and Aberdeen Additional, St. Joseph, Tarbutt and Tarbutt Additional; and

(c)  the geographical townships of Anderson, Archibald, Chesley Additional, Dennis, Deroche, Duncan, Fenwick, Fisher, Gaudette, Havilland, Herrick, Hodgins, Jarvis, Kars, Kehoe, Ley, Pennefather, Aweres, Shields, Tilley, Tupper and VanKoughnet.

6. Those parts of the Territorial District of Sudbury consisting of,

(a)  the townships of Hagar and Nairn; and

(b)  the geographical townships of Appleby, Awrey, Baldwin, Burwash, Cartier, Cascaden, Casimir, Cleland, Cosby, Curtin, Delamere, Dunnet, Eden, Foster, Foy, Gough, Hallam, Harrow, Harty, Hawley, Hendrie, Henry, Hess, Hoskin, Hyman, Jennings, Laura, Loughrin, May, McKinnon, Merritt, Mongowin, Ratter, Secord, Servos, Shakespeare, Street and Tilton.

O. Reg. 244/97, Sched. 2; O. Reg. 535/97, s. 1; O. Reg. 530/99, s. 1.

Schedule 3

1. Those parts of the Territorial District of Algoma consisting of,

(a)  the Township of Michipicoten; and

(b)  the geographical townships of Andre, Bostwick, Franchere, Groseilliers, Legarde, Levesque, Macaskill, Menzies, Musquash, Rabazo, St. Germain and Warpula.

O. Reg. 209/04, s. 2.

Schedule 4

1. Those parts of the County of Frontenac consisting of the townships of Central Frontenac and North Frontenac.

2. Those parts of the County of Renfrew consisting of,

(a)  the Township of Bonnechere Valley, the Township of Brudenell, Lyndoch and Raglan, the Township of Head, Clara and Maria, the Township of Killaloe, Hagarty and Richards, the Township of Madawaska Valley and the Township of North Algona Wilberforce;

(b)  the Township of Greater Madawaska, except the townships of Bagot and Blythfield; and

(c)  the towns of Deep River and Laurentian Hills.

3. Those parts of the County of Lennox and Addington consisting of,

(a)  the Township of Addington Highlands; and

(b)  the Township of Stone Mills, except the Township of Camden East.

4. Those parts of the County of Hastings consisting of,

(a)  the Town of Bancroft;

(b)  the townships of Carlow/Mayo, Faraday, Limerick and Wollaston;

(c)  the Municipality of Hastings Highlands; and

(d)  the Township of Tudor and Cashel, except the Township of Tudor.

5. Those parts of the County of Peterborough consisting of,

(a)  the Township of Galway-Cavendish-Harvey, except the Township of Harvey;

(b)  the Township of Havelock-Belmont-Methuen, except the Township of Belmont and the Town of Havelock; and

(c)  the Township of North Kawartha.

6. All of the County of Haliburton.

7. Those parts of the Territorial District of Nipissing consisting of,

(a)  the Town of Mattawa;

(b)  the City of North Bay;

(c)  the Municipality of West Nipissing;

(d)  the townships of Bonfield, Calvin, Chisholm, East Ferris, Mattawan, Papineau-Cameron and South Algonquin; and

(e)  the geographical townships of Airy, Anglin, Antoine, Ballantyne, Barron, Biggar, Bishop, Blyth, Boulter, Bower, Boyd, Bronson, Butler, Butt, Canisbay, Charlton, Clancy, Clarkson, Commanda, Deacon, Devine, Dickson, Eddy, Edgar, Finlayson, Fitzgerald, French, Freswick, Garrow, Gladman, Guthrie, Hammell, Hunter, Jocko, Lauder, Lyman, Lister, Lockhart, Master, McCraney, McLaughlin, McLaren, Merrick, Mulock, Niven, Notman, Olrig, Osborne, Osler, Paxton, Peck, Pentland, Phelps, Poitras, Preston, Sproule, Stewart, Stratton, Thistle, White and Wilkes.

8. All parts of the Territorial District of Parry Sound consisting of,

(a)  the townships of Armour, Carling, Joly, Machar, McKellar, McMurrich/Monteith, Nipissing, Perry, Ryerson, Seguin, Strong and The Archipelago;

(b)  the municipalities of Powassan, Magnetawan, McDougall, Callander and Whitestone;

(c)  the towns of Kearney and Parry Sound;

(d)  the villages of Burk’s Falls, South River and Sundridge; and

(e)  the geographical townships of Bethune, Blair, Brown, East Mills, Gurd, Hardy, Harrison, Henvey, Laurier, Lount, McConkey, Mowat, Patterson, Pringle, Proudfoot, Shawanaga, Wallbridge and Wilson.

9. All parts of the Territorial District of Muskoka consisting of,

(a)  the towns of Bracebridge, Gravenhurst and Huntsville;

(b)  the townships of Georgian Bay, Lake of Bays and Muskoka Lakes; and

(c)  The District Municipality of Muskoka.

10. Those parts of the Territorial District of Sudbury consisting of,

(a)  the Municipality of French River, except the geographical townships of Cosby, Delamere and Hoskin;

(b)  the Township of Sables-Spanish River, except the geographical townships of Gough, Hallam, Harrow, May, McKinnon and Shakespeare;

(c)  the Town of Killarney;

(d)  the Municipality of Killarney;

(e)  those parts of the City of Greater Sudbury consisting of the geographical townships of Aylmer, Fraleck, Hutton, MacKelcan, Parkin, Rathburn and Scadding; and

(f)  the geographical townships of Bevin, Caen, Carlyle, Cox, Davis, Dunlop, Halifax, Humboldt, Janes, Kelly, Leinster, McCarthy, Munster, Porter, Roosevelt, Shibananing, Truman, Tyrone and Waldie.

11. All parts of the Territorial District of Manitoulin, except Great LaCloche Island and Little LaCloche Island.

12. Those parts of the Territorial District of Algoma consisting of,

(a)  the towns of Blind River, Bruce Mines and Thessalon;

(b)  the City of Elliot Lake;

(c)  the townships of The North Shore, Plummer Additional and Shedden;

(d)  the Municipality of Huron Shores; and

(e)  the geographical townships of Aberdeen, Boon, Bridgland, Brule, Cadeau, Curtis, Dablon, Daumont, Deagle, Gaiashk, Galbraith, Gerow, Gillmor, Grenoble, Hughes, Hurlburt, Hynes, Kane, Kincaid, Lamming, Laverendrye, Marne, McMahon, Montgomery, Morin, Nicolet, Norberg, Palmer, Parkinson, Patton, Peever, Plummer, Rix, Rose, Ryan, Slater, Smilsky, Wells, Whitman and Wishart.

13. Those parts of the Territorial District of Thunder Bay consisting of,

(a)  the City of Thunder Bay;

(b)  the Municipality of Neebing;

(c)  the townships of Conmee, Dorion, Gillies, O’Conner, Oliver Paipoonge and Shuniah; and

(d)  the geographic townships of Gorham and Ware.

O. Reg. 499/06, s. 4; O. Reg. 371/15, s. 1.

 

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