Pits and quarries
 23.14 (1) This section applies with respect to a pit or quarry that, (a) is operated under the authority of a licence, wayside permit or aggregate permit issued under the Aggregate Resources Act; or (b) is located in an area in Ontario to which the Aggregate Resources Act does not apply and operated in accordance with the applicable zoning by-laws. O. Reg. 176/13, s. 14. (2) This section does not apply with respect to a species identified in Columns 3 and 4 of the following Table by its common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species: Table   Species to which section 23.14 does not apply  Column 1   Item   Column 2   Species Grouping   Column 3   Common Name   Column 4   Scientific Name 

  1.   Vascular plants   Virginia Mallow   Ripariosida hermaphrodita 

  2.   Amphibians   Small-mouthed Salamander   Ambystoma texanum 

  2.1   Amphibians   Unisexual Ambystoma (Small-mouthed Salamander dependent population)   Ambystoma laterale — texanum 

  2.2   Insects   False-foxglove Sun Moth   Pyrrhia aurantiago 

  3.   Reptiles   Blue Racer   Coluber constrictor foxii 

  4.   Reptiles   Butler’s Gartersnake   Thamnophis butler 

  5.   Reptiles   Common Five-lined Skink (Carolinian population)   Plestiodon fasciatus 

  6.   Birds   Henslow’s Sparrow   Ammodramus henslowii 

  7.   Birds   Yellow-breasted Chat   Icteria virens O. Reg. 179/14, s. 8 (1); O. Reg. 218/18, s. 12 (1); O. Reg. 328/22, s. 4. (3) Subject to subsection (5), clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who operates a pit or quarry and who, in the course of operating a pit or quarry, kills, harms, harasses, captures or takes a member of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or damages or destroys the habitat of such a species, if, (a) in the case of a species that was listed on the Species at Risk in Ontario List as an endangered or threatened species before January 24, 2013, the pit or quarry began operations, (i) before the day the species was listed on the Species at Risk in Ontario List as an endangered or threatened species, or (ii) before the day the species first appeared on the site on which the pit or quarry is located; or (b) in the case of a species that was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time on or after January 24, 2013, but no later than the date specified in section 0.1, (i) the pit or quarry began operations before the date the species was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, (ii) the pit or quarry began operations before the day the species first appeared on the site on which the pit or quarry is located, or (iii) the pit or quarry begins operations after the date the species was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, so long as on or before the second anniversary of that date, (A) an application for a licence, wayside permit or aggregate permit has been made under the Aggregate Resources Act in respect of the land comprising the pit or quarry, and (B) the Ministry has given the applicant notice that the application complies with the requirements of the
Aggregate Resources Act. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 8 (2-4). (4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, (a) pursuant to subsection (3), clause 9 (1) (a) and subsection 10 (1) of the Act did not apply with respect to the member of the species; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (5). O. Reg. 176/13, s. 14. (5) Subsection (3) does not apply unless the person referred to in that subsection satisfies the following conditions: 1. Before doing anything, in the course of operating the pit or quarry, that is prohibited under clause 9 (1) (a) or subsection 10 (1) of the Act in respect of a species to which subsection (3) applies, the person must, i. give the Minister notice of the fact that the person is operating a pit or quarry by submitting a notice of activity form available on the Registry to the Minister through the Registry, and ii. subject to subsection (6), prepare in accordance with subsection (7) a mitigation plan that meets the requirements of subsection (8). 2. The person must ensure that the notice of activity form includes, i. the location of the pit or quarry, and ii. the name of every species to which subsection (3) applies that will likely be affected by the operation of the pit or quarry. 3. The person must follow the requirements of section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry. 4. For as long as the operation of the pit or quarry is likely to adversely affect the species identified in the notice of activity form, the person must, i. comply with the requirements of the mitigation plan, ii. ensure that reasonable steps are taken to minimize the adverse effects of the activity on the species identified in the notice of activity form, including the steps described in subsection (9), and such other steps as may be described in the mitigation plan. 5. The person must, i. retain a copy of the mitigation plan while operating the pit or quarry and for a period of five years after the person ceases to operate the pit or quarry, ii. ensure that the plan is updated in accordance with subsections (7) and (8) at least once every five years to include information obtained while carrying out the monitoring requirements described in paragraph 6, and iii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it. 6. The person must monitor the effectiveness of the steps taken to minimize the adverse effects of the operation of the pit or quarry on the species identified in the notice of activity form. 7. The person must, i. on or before January 31 of each year, prepare an annual report in respect of the previous calendar year in accordance with subsection (10) on the effects that the operation of the pit or quarry has on the species identified in the notice of activity form, ii. retain a copy of the annual report for at least five years after it is prepared, and iii. provide a copy of the annual report to the Ministry within 14 days of receiving a request for it. 8. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the activity, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and number of individual members that were observed, the date and location of the observation and any other information requested on that form. O. Reg. 176/13, s. 14; O. Reg. 218/18, s. 12 (2); O. Reg. 831/21, s. 12 (1), 17. (6) A person who carries out an activity described in subsection (1) is not required to complete the preparation of a mitigation plan until the following dates if the following circumstances apply: 1. If the mitigation plan relates to a species that was added to the Species at Risk in Ontario List as an endangered or threatened species on or after January 24, 2013, but no later than the date specified in section 0.1, the second anniversary of the day the species was so added. 2. If the mitigation plan relates to a species that first appears on the site of the pit or quarry after the pit or quarry begins operation, two years after the date the species first appears on the site. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 8 (5). (7) A mitigation plan must be prepared and updated by one or more persons with expertise in relation to every species that is the subject of the plan, using the best available information on steps that may help minimize or avoid adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available. O. Reg. 176/13, s. 14. (8) A mitigation plan must include the following information: 1. The name and contact information of the person who operates the pit or quarry. 2. A map indicating the geographic location of the pit or quarry. 3. A list of the species identified in a notice of activity form submitted under paragraph 1 of subsection (5) and that are the subject of the mitigation plan. 4. A description of the places within the pit or quarry that are the habitat of, or used by, the species identified under paragraph 3. 5. Details on how the person will carry out the steps described in subsection (9) that the person must take to minimize the adverse effects of the operation of the pit or quarry on the species referred to in paragraph 3, including, i. the dates on which, and locations at which, each step will be carried out, and ii. the dates during the year when the species is likely to be carrying out a life process related to hibernation or reproduction, including rearing, and during which the person must avoid killing, harming or harassing members of the species. 6. A description of the steps the person plans to take to minimize the adverse effects of the operation of the pit or quarry on the species identified under paragraph 3, in addition to the steps described in subsection (9), including a description of, i. the training that will be provided to employees, agents and contractors that are likely to encounter members of the species while performing their duties, in order to satisfy the obligations under this section, ii. if the operation of the pit or quarry results in the damage or destruction of the habitat of the species, any measures to enhance or restore habitat for the species, iii. the steps the person will take to avoid or minimize killing, harming or harassing members of the species or damaging or destroying habitat, in addition to the steps described in paragraph 1 of subsection (9), and iv. the steps the person will take if a member of the species is encountered during the operation of the pit or quarry, in addition to the steps described in paragraphs 2, 3, 4, 5 and 6 of subsection (9). 7. A description of the steps the person will take to monitor the effectiveness of the steps taken to minimize the adverse effects of the operation of the pit or quarry on the species identified under paragraph 3. O. Reg. 176/13, s. 14. (9) The steps that a person must take to minimize the adverse effects of the operation of a pit or quarry on a species identified in a notice of activity form submitted under paragraph 1 of subsection (5) are as follows: 1. The person must take steps to avoid or minimize killing, harming or harassing members of the species during a time of year when the species is likely to be carrying out a life process related to hibernation or reproduction, including rearing. 2. If the person encounters an animal that is a member of the species while operating the pit or quarry, the person must cease operations in the area of the encounter and provide the animal with a reasonable amount of time to leave the area before continuing the operation of the pit or quarry. 3. If, after providing an animal with a reasonable amount of time in accordance with paragraph 2 the animal does not leave the area, the person must take measures to relocate the animal to a nearby location that is suitable and safe for the animal. 4. If the person encounters a moss, lichen or vascular plant that is a member of the species while operating the pit or quarry and it is not necessary to kill or harm the member for the purpose of carrying out the activity, the person must, i. cease the activity in the area of the encounter, ii. install and maintain barriers or other structures to create a protective zone around the species, and iii. after establishing the protective zone referred to in subparagraph ii, continue the operation of the pit or quarry in a manner that does not impair the ability of the species to carry out its life processes, including reproduction. 5. If it is necessary to kill or harm a moss, lichen or vascular plant referred to in paragraph 4 for the purpose of operating the pit or quarry, the person must, provided it is feasible to do so, relocate the moss, lichen or vascular plant to a nearby location within the species’ habitat that is suitable and safe for the species. 6. The determination under paragraph 5 as to whether it is feasible to relocate a moss, lichen or vascular plant must be made by the person using the best available information with respect to the suitability of relocating that species, including information obtained from the Ministry. 7. The relocation of an animal in accordance with paragraph 3, or the relocation of a moss, lichen or vascular plant in accordance with paragraph 5, must be undertaken by, or in consultation with, a person who is knowledgeable about, or has training in, the handling of the species. 8. The person must take steps to exclude members of the species from an area of activity in the pit or quarry, such as installing fencing to prevent reptiles and amphibians from accessing active stockpiles of aggregates or areas of operation. 9. If the species uses nests or hibernacula to carry out its life processes, the person must, before and during the period of time when the species is likely to use the nests or hibernacula, install and maintain barriers or other structures to create a protective zone around the nests or hibernacula to limit the adverse effects that may be caused by the operation of the pit or quarry. 10. During a period of time when the species is likely to be using the nests or hibernacula to carry out life processes, the person must not carry out operations, i. within the protective zone installed under paragraph 9, or ii. in a manner that would impair the ability of the species to carry out its life processes within the protective zone. 11. The person must inform all employees, agents and contractors engaged in operating the pit or quarry that the species are present at the pit or quarry and of the steps required under paragraphs 1 to 10 and must install signs at the pit or quarry to that effect. 12. If the person discovers that the steps described in paragraphs 1 to 11 or in the mitigation plan have not been effective in minimizing the adverse effects of the operation of the pit or quarry on the species, the person shall, i. take such actions as are necessary to increase the effectiveness of those steps, or ii. take such other reasonable steps as may be necessary to minimize the adverse effects of the operation of the pit or quarry on the species. O. Reg. 176/13, s. 14; O. Reg. 232/14, s. 2. (10) The annual report required under paragraph 7 of subsection (5) shall include, in respect of the previous calendar year, (a) the steps taken by the person operating the pit or quarry to minimize adverse effects of the operation of the pit or quarry on the species identified in the notice of activity form submitted under paragraph 1 of subsection (5) and an assessment of their effectiveness; (b) information collected during the monitoring referred to in paragraph 6 of subsection (5); (c) records of any activities carried out in accordance with the mitigation plan; and (d) details of any observations of the species identified in the notice of activity form submitted under paragraph 1 of subsection (5) in the course of operating the pit or quarry, including, (i) the name of the species, (ii) the location of the observation, and (iii) the date and time of the observation. O. Reg. 176/13, s. 14; O. Reg. 831/21, s. 12 (2). (11) This section does not apply to a person who operates a pit or quarry and who has entered into an agreement with the Minister under clause 22 (1) (b) or (2) (b), unless the person gives notice to the Minister in accordance with paragraph 1 of subsection (5). O. Reg. 176/13, s. 14.