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O. Reg. 466/20: GENERAL
filed August 27, 2020 under Aggregate Resources Act, R.S.O. 1990, c. A.8
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ontario regulation 466/20
made under the
Aggregate Resources Act
Made: August 27, 2020
Filed: August 27, 2020
Published on e-Laws: August 28, 2020
Printed in The Ontario Gazette: September 12, 2020
Amending O. Reg. 244/97
(GENERAL)
1. Ontario Regulation 244/97 is amended by adding the following section:
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.
(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.
(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.
2. (1) The Regulation is amended by adding the following sections:
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.
(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.
(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.
(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.
(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”.
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.
(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.
(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.
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.
(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.
(3) Clause (1) (c) does not apply to an application for an aggregate permit.
(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).
(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.
(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.
(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.
0.5 (1) The consultation period begins when an applicant has fulfilled all notification requirements set out in section 0.4.
(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.
(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.
(4) Subsection (3) does not apply to an application for an aggregate permit if the proposed pit or quarry is in a remote location.
(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.
(6) An applicant shall attempt to address any comment received under subsection (5).
(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.
(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.
(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.
(10) The Objection Form shall be served by registered mail, courier or personal delivery or, if the recipient consents, by electronic mail.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(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.
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.
(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.
(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.
(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.
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.
(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”.
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.
(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.
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.
(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).
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.
(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).
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(2) For the purpose of this section, “scrap” includes refuse, debris, scrap metal, lumber, and discarded machinery, equipment and motor vehicles.
(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 #”.
(4) Unless otherwise provided on a site plan, the holder of an aggregate permit shall visibly demarcate and maintain the boundary of the site.
(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.
(2) Subsection 0.13 (1) of the Regulation, as made by subsection (1), is amended by adding the following paragraphs:
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.
(3) Subsection 0.13 (4) of the Regulation, as made by subsection (1), is revoked and the following substituted:
(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.
3. Section 1 of the Regulation is revoked and the following substituted:
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.
(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.
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.
(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.
(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.
(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.
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.
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.
4. The Regulation is amended by adding the following heading before section 2:
Fees and Royalties
5. The Regulation is amended by adding the following sections:
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.
(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.
(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.
(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.
(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.
(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.
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.
6. The Regulation is amended by adding the following heading before section 5:
Region-specific Rules and Designations of Parts of Ontario
7. Subsection 6 (1) of the Regulation is amended by striking out “under the Act” at the end and substituting “under subsection 5 (2) of the Act”.
8. Section 7 of the Regulation is revoked.
9. Section 7.1 of the Regulation is revoked.
10. The Regulation is amended by adding the following sections:
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.
(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.
(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.
(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.
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.
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.
(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.
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.
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.
(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.
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.
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).
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(10) The operator of the pit shall ensure that the records referred to in subsection (9) are produced for an inspector upon request.
(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.
11. The Regulation is amended by adding the following sections:
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.
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.
12. The Regulation is amended by adding the following section:
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.
(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.
13. The Regulation is amended by adding the following section:
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.
(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.
Commencement
14. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of September 1, 2020 and the day it is filed.
(2) Subsection 2 (1) and sections 3, 8, 11 and 13 come into force on April 1, 2021.
(3) Subsections 2 (2) and (3) come into force on January 1, 2022.