O. Reg. 244/97: GENERAL

Aggregate Resources Act

ontario REGULATION 244/97

GENERAL

Historical version for the period July 1, 2020 to August 26, 2020.

Last amendment: 322/20.

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.

This is the English version of a bilingual regulation.

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.

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.

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 the Act.  O. Reg. 244/97, s. 6 (1).

(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.

7.1 The following materials are not rock for the purpose of the definition of “rock” in subsection 1 (1) of the Act: andalusite, barite, coal, diamond, gypsum, kaolin, lepidolite, magnesite, petalite, phosphate rock, salt, sillimanite and spodumene.  O. Reg. 195/00, s. 1.

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.

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.