1 (1) In this Act, “abandoned pits and quarries” means pits and quarries for which a licence or permit was never in force at any time after December 31, 1989; (“puits d’extraction et carrières abandonnés”) “aggregate” means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite or other material; (“agrégats”) “earth” does not include topsoil and peat; (“terre”) “environment” means the air, land and water, or any combination or part thereof of the Province of Ontario; (“environnement”) “established pit or quarry” means, (a) a pit or quarry from which a substantial amount of aggregate has been removed within the two-year period before the part of Ontario in which the pit or quarry is located was designated under subsection 5 (2), or (b) land that was leased under the Mining Act
throughout the two-year period before the part of Ontario in which the land is located was designated under subsection 5 (2); (“puits d’extraction établi ou carrière établie”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “established pit or quarry” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2017, c. 6, Sched. 1, s. 1 (2)) “established pit or quarry” means an established pit or quarry as defined by regulation; (“puits d’extraction établi ou carrière établie”) “excavate” includes the preparation of land for excavation and removal of hills, sand dunes, knolls, stones and rocks other than metallic ores from the general surface of the ground; (“excaver”, “extraire”) “final rehabilitation” means rehabilitation in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit performed after the excavation of aggregate and the progressive rehabilitation, if any, have been completed; (“réhabilitation définitive”) “highway” has the same meaning as in the Public Transportation and Highway Improvement Act and includes an unopened road allowance; (“voie publique”) “inspector” means an inspector designated under section 4; (“inspecteur”) “land under water” means the bed, bank, beach, shore, bar, flat or water of or in any lake, river, stream or other waterbody or adjoining any channel or entrance thereto but does not include a waterbody resulting from excavation of aggregate below the water table; (“terrain immergé”) “licence” means a licence for a pit or quarry issued under this Act; (“permis”) “licensee” means a person who holds a licence; (“titulaire de permis”) “management” means the provision for the identification, orderly development and protection of the aggregate resources of Ontario; (“gestion”) “material” means such material as may be prescribed; (“matière”) “Minister” means the Minister of Natural Resources and Forestry or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “operate”, when used in relation to a pit or quarry, includes carrying out all activities associated with a pit or quarry that are carried out on the site of the pit or quarry; (“exploiter”) “permit” means an aggregate permit or a wayside permit issued under this Act; (“licence”) “permittee” means a person who holds a permit; (“titulaire de licence”) “person” includes a public authority; (“personne”) “pit” means land or land under water from which unconsolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or structure on the excavation site or in relation to which an order has been made under subsection (3); (“puits d’extraction”) “prescribed” means prescribed by the regulations; (“prescrit”) “progressive rehabilitation” means rehabilitation done sequentially, within a reasonable time, in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit during the period that aggregate is being excavated; (“réhabilitation progressive”) “public authority” means the Crown or an agent of the Crown, a municipality, a local board as defined in the Municipal Affairs Act or a local roads board; (“autorité publique”) “quarry” means land or land under water from which consolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or structure on the excavation site or in relation to which an order has been made under subsection (3); (“carrière”) “regulations” means the regulations made under this Act; (“règlements”) “rehabilitate” means to treat land from which aggregate has been excavated so that the use or condition of the land, (a) is restored to its former use or condition, or (b) is changed to another use or condition that is or will be compatible with the use of adjacent land; (“réhabiliter”) “road” has the same meaning as highway; (“route”) “site” means the land or land under water to which a licence or permit or an application therefor relates; (“lieu”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “Trust” means the Aggregate Resources Trust established under subsection 6.1 (1); (“Fonds”) “zoning by-law” means a by-law passed under section 34 or 38 of the Planning Act or any predecessor of them and includes an order made under clause 47 (1) (a) of that Act or any predecessor of it and zoning control by a development permit issued under the Niagara Escarpment Planning and Development Act. (“règlement municipal de zonage”)  R.S.O. 1990, c. A.8, s. 1 (1); 1994, c. 23, s. 61; 1994, c. 27, s. 126 (1, 2); 1996, c. 30, s. 1 (1-6); 1997, c. 26, Sched.; 2002, c. 17, Sched. F, Table; 2017, c. 6, Sched. 1, s. 1 (1, 3-6); 2017, c. 8, Sched. 17, s. 4 (1, 2); 2017, c. 23, Sched. 5, s. 1; 2021, c. 4, Sched. 6, s. 30 (3). (2) Repealed:  1996, c. 30, s. 1 (7). Order that an excavation is not a pit or quarry (3) The Minister, if of the opinion that the primary purpose of an excavation is not for the production of aggregate, may in his or her absolute discretion by order declare that the land or land under water on which the excavation is situate is not a pit or quarry for the purposes of this Act.  R.S.O. 1990, c. A.8, s. 1 (3). Application for order (3.1) A person who applies for an order under subsection (3) shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 1 (7). Notice to municipality (4) The Minister, if the matter appears to warrant it, shall serve notice of a proposed order under subsection (3), including reasons therefor, upon the clerk of the local municipality in which the excavation is located and, where applicable, upon the clerk of the upper-tier municipality for their information and comment.  R.S.O. 1990, c. A.8, s. 1 (4); 2002, c. 17, Sched. F, Table. Delay in relief (5) The Minister may not issue the order until the Minister is served with comments by the municipalities or thirty days after service of the notice by the Minister, whichever occurs first.  R.S.O. 1990, c. A.8, s. 1 (5). Conditions (6) An order under subsection (3) may be subject to such conditions as the Minister considers advisable and may limit the time for which the order will remain in effect. 2017, c. 6, Sched. 1, s. 1 (8). Part III of the Legislation Act, 2006 (7) An order under subsection (3) is not a regulation within the meaning of Part III of the Legislation Act, 2006. 2017, c. 6, Sched. 1, s. 1 (8). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 61 - 28/03/1995; 1994, c. 27, s. 126 (1, 2) - 09/12/1994; 1996, c. 30, s. 1 (1-7) - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s 1 (4, 6-8) - 10/05/2017; 2017, c. 6, Sched. 1, s. 1 (1, 3, 5) - 01/09/2020; 2017, c. 6, Sched. 1, s. 1 (2) - not in force; 2017, c. 8, Sched. 17, s. 4 (1, 2) - 01/04/2018; 2017, c. 23, Sched. 5, s. 1 - 03/04/2018 2021, c. 4, Sched. 6, s. 30 (3) - 01/06/2021 PART I   GENERAL