48 (1) Subject to subsection (2), no person shall do any of the following unless the person applies to the Minister and is issued a licence under this Part that allows the person to carry out the activity in question: 1.  Carry out archaeological fieldwork. 2.  Knowing that a site is a marine or other archaeological site, within the meaning of the regulations, alter the site or remove an artifact or any other physical evidence of past human use or activity from the site. 3.  With respect to a marine archaeological site that is prescribed, i.  Dive within 500 metres of the site or within any other distance of the site as may be prescribed. ii.  Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of submersible vehicle, including a remotely operated vehicle, autonomous underwater vehicle or submarine. iii.  Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of equipment, machine, device or thing capable of being used to conduct a survey, whether towed or not, including a side scan sonar or a camera.  2002, c. 18, Sched. F, s. 2 (27); 2005, c. 6, s. 35; 2009, c. 33, Sched. 11, s. 6 (15); 2019, c. 9, Sched. 11, s. 20 (1). No licence required (2) A licence is not required if, (a)  the site is prescribed, or belongs to a prescribed class of sites; (b)  the activity undertaken can be classified as normal agricultural work or the routine maintenance of property; or (c)  the activity undertaken is prescribed, or belongs to a prescribed class of activities.  2002, c. 18, Sched. F, s. 2 (27); 2019, c. 9, Sched. 11, s. 20 (2). Same (3) A licence is not required under subsection (1) if, (a)  a licensee under this Part, (i)  has already completed archaeological fieldwork, within the meaning of the regulations, on the site, and (ii)  has provided a report to the Minister under subsection 65 (1) stating that the site has no further cultural heritage value or interest; and (b)  the report referred to in subclause (a) (ii) has been filed in the register referred to in section 65.1.  2009, c. 33, Sched. 11, s. 6 (16). Limits of licence (4) A licence issued under this Part, (a)  is effective only in the geographic area specified in the licence; (b)  subject to subsection (9), is effective only for the term specified in the licence or, if the licence does not specify a term, is effective indefinitely; (c)  permits the carrying out of a type of archaeological fieldwork only if that type of archaeological fieldwork is specified in the licence; and (d)  may contain such other terms and conditions to give effect to the purposes of this Part as the Minister may direct.  2002, c. 18, Sched. F, s. 2 (28). Licence not transferable (5) A licence is not transferable.  R.S.O. 1990, c. O.18, s. 48 (5). Application (6) An application to the Minister for a licence or renewal of a licence to carry out archaeological fieldwork may be made only by an individual.  2002, c. 18, Sched. F, s. 2 (29). Same (7) The application shall contain such information as the Minister may require and shall be submitted in such form and manner as the Minister may require.  2002, c. 18, Sched. F, s. 2 (29). Issuance of licence (8) The Minister may issue a licence of a class prescribed under clause 70 (1) (d.1) to an applicant if the applicant proves, to the satisfaction of the Minister, that, (a)  the applicant is competent to conduct archaeological fieldwork in a responsible manner in accordance with this Part and the regulations; (b)  the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations; (c)  the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and (d)  the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed.  2002, c. 18, Sched. F, s. 2 (29); 2009, c. 24, s. 29 (1, 2); 2019, c. 9, Sched. 11, s. 20 (3). Non-application (8.1) Subsection (8) does not apply to an applicant to whom subsection (8.2) applies.  2009, c. 24, s. 29 (3). When applicant holds a licence from another Canadian jurisdiction (8.2) The Minister may issue a licence of a class prescribed under clause 70 (1) (d.1) to an applicant if the applicant proves, to the satisfaction of the Minister, that, (a)  he or she holds an authorizing certificate, as defined in the Ontario Labour Mobility Act, 2009, granted by an out-of-province regulatory authority, as defined in the Ontario Labour Mobility Act, 2009, and the authorizing certificate is in good standing; (b)  the authorizing certificate permits the applicant to carry out, in a province or territory of Canada that is a party to the Agreement on Internal Trade, as defined in the Ontario Labour Mobility Act, 2009, the same type of archaeological fieldwork as that permitted by the class of licence being applied for; (c)  the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations; (d)  the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and (e)  the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed and as do not contravene the Ontario Labour Mobility Act, 2009.  2009, c. 24, s. 29 (3); 2019, c. 9, Sched. 11, s. 20 (4). Revocation and refusal to renew (9) Subject to section 49, the Minister may refuse to renew or may suspend or revoke a licence, (a)  for any reason that would prevent the Minister from issuing a licence to the licensee under subsection (8) or (8.2) if the licensee were an applicant; or (b)  if the licensee is in breach of a term or condition of the licence.  2002, c. 18, Sched. F, s. 2 (29); 2009, c. 24, s. 29 (4). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 59 - 03/04/1996 2002, c. 18, Sched. F, s. 2 (27-29) - 26/11/2002 2005, c. 6, s. 35 - 28/04/2005 2009, c. 24, s. 29 (1-4) - 15/12/2009; 2009, c. 33, Sched. 11, s. 6 (15, 16) - 15/12/2009 2019, c. 9, Sched. 11, s. 20 (1-4) - 01/07/2021